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Appeals Judges Julius M. Kovachy, Joy Seth Hurd, Lee E. Skeel denied Sam's request for a new trial, at one point calling Criminologist Professor Paul L. Kirk's affidavit "sheer supposition." They found that most of Kirk's efforts were directed toward issues "already thoroughly debated by the jury." Kirk responds "If they [the judges] knew anything about criminal investigation, they'd know they are talking through their hats. I'm just as positive as I am of my own name that Dr. Sam didn't do it. I still want a chance to prove my case before a jury, rather than a group of legal minds."